The Abolition Of Slavery The Right Of The Government Under The War Power eBook

these views was the cause of the secret hostility
to the ex-President, which broke out so rancorously
in 1842. We have before us a speech by Mr. Adams,
on the joint resolution for distributing rations to
the distressed fugitives from Indian hostilities in
the States of Alabama and Georgia, delivered in the
House of Representatives, May 25, 1836, and published
at the office of the National Intelligencer. We
quote from it the following classification of the
powers of Congress and the Executive:—­

“There are, then, Mr. Chairman, in the authority
of Congress and of the Executive, two classes of powers,
altogether different in their nature, and often incompatible
with each other—­the war power and the peace
power. The peace power is limited by regulations
and restricted by provisions prescribed within the
Constitution itself. The war power is limited
only by the laws and usages of nations. This
power is tremendous: it is strictly constitutional,
but it breaks down every barrier so anxiously erected
for the protection of liberty, of property, and of
life. This, sir, is the power which authorizes
you to pass the resolution now before you, and, in
my opinion, no other.”

After an interruption, Mr. Adams returned to this
subject, and went on to say:—­

“There are, indeed, powers of peace conferred
upon Congress which also come within the scope and
jurisdiction of the laws of nations, such as the negotiation
of treaties of amity and commerce, the interchange
of public ministers and consuls, and all the personal
and social intercourse between the individual inhabitants
of the United States and foreign nations, and the
Indian tribes, which require the interposition of
any law. But the powers of war are all regulated
by the laws of nations, and are subject to no other
limitation...It was upon this principle that I voted
against the resolution reported by the slavery committee,
’that Congress possess no constitutional authority
to interfere, in any way, with the institution of slavery
in any of the States of this Confederacy,’ to
which resolution most of those with whom I usually
concur, and even my own colleagues in this House,
gave their assent. I do not admit that there is,
even among the peace powers of Congress, no such authority;
but in war, there are many ways by which Congress
not only have the authority, but areboundtointerferewiththeinstitutionofslaveryinthestates.
The existing law prohibiting the importation of slaves
into the United States from foreign countries is itself
an interference with the institution of slavery in
the States. It was so considered by the founders
of the Constitution of the United States, in which
it was stipulated that Congress should not interfere,
in that way, with the institution, prior to the year
1808.